1. Parts and object.
1.1 The present general conditions of sale concern the sale and purchase of products carried out remotely, through the website www.leonardofirenze.it, by users identifiable as "consumers" in accordance with the following article.
1.2 The sale of products made through this site will constitute a distance contract having as JMS Srl parts, as a seller (hereinafter also called "seller"), and the subject who purchases one or more products for purposes not related to their business entrepreneurial, commercial, craft or professional (hereinafter also referred to as "consumer" or "buyer"). To make purchases on the site, the consumer must be over 18 years of age and be able to understand and want, as well as to act.
1.3 The contract referred to in paragraph 1.2 above is understood to be concluded in Italy and will therefore be governed by Italian and Community law, in particular by Chapter I, Title III, Arts. 45 and ss. of Legislative Decree 06/09/2005 n. 206 and from the Legislative Decree 09/04/2003 n. 70 concerning e-commerce. Those who do not qualify as "consumers" can also make purchases on the site: in this case the sale will be governed by current laws and, by way of derogation from these conditions of sale, the purchaser will not be granted the protection provided in favor of the consumer, including the legal guarantee on the products referred to in point 6 and the right of withdrawal referred to in point 7.
1.4 The site is owned by JMS S.r.l., with registered office in Via dei Macci n. 65 / R (50122) Florence, registered in the Register of Companies of Prato, n. REA PO-530242, Fiscal Code and I.V.A. n. 02,384,070,971.
1.5 The general conditions of sale published on the site at the time the order is sent by the consumer constitute an integral part of it and govern the purchases made on the site itself. By sending the order, the consumer accepts them in full. They can be changed at any time and the changes will produce their effects from the time of publication on the site, therefore the consumer is required to read the updated version of the general conditions of sale and any other information provided on the site before making any purchase . Failure to contest or mere tolerance by JMS S.r.l. consumer behavior that differs from what is contained in the general conditions of sale will not constitute tacit acceptance of said failures, nor the desire to derogate from what was agreed between the parties, not even implicitly or for conclusive facts.
1.6 JMS S.r.l. is the owner of the trademark, domain, graphics and logo related to the products on the site itself and the consumer can not obtain any rights over them, resulting from the purchase of the products included in it.
1.7 The products that can be purchased on the site are those included in the electronic catalog at the time the order is placed by the consumer and are sold with the characteristics shown in it. The descriptions and images of the products must however be considered indicative: the colors may in fact differ from those of real products, due to the type of computer screen or browser used for navigation.
1.8 The publication of products on the site is not binding on the seller, as it is a mere invitation to the consumer to make a purchase offer and does not constitute an offer to the public.
1.9 JMS S.r.l. reserves the right to refuse orders from persons with whom there has been or is in progress a legal dispute, by parties who have been insolvent and by persons who have already violated the general conditions of sale.
1.10 The site is accessible anywhere in the world, but the products included and proposed can be purchased only by those who request delivery in one of the states listed on the same site. The language used by customer service is Italian. All costs, including telephone costs, for the internet connection to the site are charged to the consumer.
1.11 In the present general conditions of sale, JMS S.r.l. it will also be referred to as "biscottificio Leonardo", which is the name by which it sells on the site.
2. Prices and shipping costs.
2.1 By sending the order, the consumer agrees to pay the total amount due, consisting of the purchase price of the products ordered, shipping costs and any other additional cost that will be expressly indicated in the order form and on confirmation of the order itself.
2.2 The price of the products is that published on the information sheet that illustrates their main characteristics at the time of sending the purchase order, is expressed in Euro and is inclusive of Value Added Tax (VAT), of any other indirect tax and packing costs. Shipping costs and any other additional costs will be indicated separately and visible before the consumer proceeds with the transmission of the order.
2.3 The price of the products included in the site may change without notice from the seller, therefore the consumer is invited to check the actual sale price before sending the purchase order. Any variation, either increasing or decreasing, occurred after the transmission of the purchase order, will not be applied.
2.4 In the cases in which the products are to be delivered in a country not belonging to the European Union, the total amount indicated in the purchase order and in the communication confirming the order, including any indirect taxes, is not inclusive of duties customs, or any other sales tax: these must be paid by the consumer, in addition to the total amount due, in accordance with the provisions of the law of the country in which the products will be delivered. Any additional cost, tax, tax that a country should apply, for any reason, on the products ordered on the site, will be charged to the consumer. In this provision, the consumer is required to inform the competent authorities of the country of destination of the products, in order to obtain information on any duties or taxes applied.
2.5 The lack of knowledge of the costs, charges, duties, taxes and taxes applied in the country where the purchased product will be delivered, can not constitute a reason for termination of the purchase contract and the above amounts can not in any way be debited to the seller.
3. Selection of products and completion of the purchase contract.
3.1 The consumer can buy the products on the site by selecting them and inserting them in the appropriate virtual shopping cart. In order to finalize the purchase contract and complete the order of products included in the cart, the consumer will be invited to enter their data in the appropriate order form (name, surname, place of residence, etc.), as well as the address where the purchased products will be delivered, the billing address, an email address and a telephone number for any communications relating to the purchase made. The seller reserves the right to check the details indicated by the consumer.
3.2 The consumer will be asked to carefully read the summary of the order, expressly approve these general conditions of sale and information on the right of withdrawal, identify and correct any errors in entering your data, choose the payment method and confirm the his order, which will be transmitted electronically to the seller and finalize the purchase contract.
3.3 The purchase order transmitted by the consumer to the seller through the site has the value of a purchase proposal. The contract will be considered concluded when, upon receiving confirmation of the authorization to pay the full amount due, the seller will send the order confirmation, by e-mail, to the address stated by the consumer at the time of transmission of the purchase order, containing the reference to these general conditions of sale, the summary of the order, the detailed indication of the price and the means of payment used, the description of the characteristics of the product ordered, delivery costs and any costs additional. The consumer undertakes to save the aforementioned mail sent by JMS S.r.l.
3.4 If the total amount due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered terminated by right pursuant to art. 1456 c.c. and the related purchase order will consequently be canceled.
3.5 The execution of the contract by the seller will start at the time of crediting the total amount due on his current account, so the products ordered will remain the property of JMS S.r.l. until payment of the total amount due.
3.6 The risk of loss or damage to the ordered products, due to reasons not attributable to the biscuit factory Leonardo, will instead be transferred to the consumer when the latter or anyone designated by him, other than the carrier, will physically come into possession of the products.
3.7 Upon payment of each purchase, the relevant invoice will be issued, for the issue of which the purchaser will be asked for his / her data (name, surname, address, social security number), which the latter declares to be correct. The buyer undertakes to indemnify the seller from any penalty or damage that may derive from the non-correspondence to the truth of the aforementioned declarations.
3.8 The invoice of the purchase made, once issued, will be transmitted promptly to the purchaser in electronic format to the stated email address, or attached in paper format to the products purchased and delivered with them.
3.9 The purchase order sent by the consumer, the confirmation of the order sent by the seller and the general sales conditions applicable to the contract just concluded will be electronically stored in the seller's database for the time necessary to process the order and in any case compliance with the provisions of the law.
3.10 The consumer can request a copy of their order form by sending an email to the seller at the address email@example.com.
4. Terms of payment.
4.1 The payment of the total amount due can be made by bank transfer, PayPal and credit card (Visa, Visa Electron, Mastercard), however, relying on the PayPal system. If one of the aforementioned payment methods can not be used for the purchase of a specific product, it will be indicated on the website. The seller may in any case allow additional payment methods, indicating them specifically on the site or agreeing with the individual consumer.
4.2 If the consumer chooses to make the payment of products purchased on the site through PayPal, will be redirected to the site www.paypal.it, following the procedure provided and regulated by PayPal and the transaction will take place at the terms and conditions of contract agreed with the latter . The data of the credit card connected to the user's PayPal account or the data of any other payment instrument connected to this account entered on the site will be managed directly by PayPal and will not be transmitted or shared with JMS Srl, which will not be aware of it in any way. The total amount due will be charged by PayPal to the consumer at the same time as the conclusion of the contract through the site. In case of termination of the purchase contract and in any other case of reimbursement, for whatever reason, the amount of reimbursement due to the purchaser will be credited to him with the credit timing dictated by PayPal and the banking system. Once the credit order has been placed in favor of the consumer, JMS S.r.l. can not be held responsible for any delays or omissions in the crediting of the amount of reimbursement, to contest which the buyer will have to apply directly to PayPal.
4.3 If the payment is made by bank transfer, the buyer must use the IBAN and the Swift code sent in the order confirmation and report the order number in the reason for payment.
5. Delivery of products and acceptance.
5.1 On the site are indicated: the countries in which the delivery can be made, the availability of the selected product and the times for its delivery. However, this information must be considered purely indicative and not binding on the seller. In particular, for deliveries abroad the times indicated are not guaranteed and may vary according to the destination.
5.2 The seller undertakes to respect, as far as possible, the delivery times indicated on the site and, in any case, to perform the delivery within a maximum time of 30 days from the date on which the consumer has completed the purchase. If the consumer has chosen the method of payment by bank transfer, the delivery time will start from the receipt of the consideration by the seller. In the event that delivery can not be made due to the unavailability of the selected product, the seller will inform the consumer by email and will refund the amounts paid, on the basis of the provisions in these general conditions.
5.3 Delivery costs are the responsibility of the buyer, unless otherwise indicated on the site and their amount is specifically and separately indicated in the order form. The delivery in some areas or countries may require an additional cost, also specifically indicated in the order form.
5.4 The shipment of the ordered products will take place at the address indicated in the order form and therefore the products purchased will be sent to that address, via the courier DHL Express S.r.l. on working days, excluding national holidays. JMS S.r.l. however, reserves the right to use other carriers, subject to compliance with the delivery terms indicated. The consumer can choose a different courier from the one used by JMS S.r.l .: in this case, the risks and costs of the shipment will be fully borne by the consumer from the date of delivery of the product to the carrier chosen by him.
5.5 Upon delivery to the carrier of the ordered products, an email containing the shipment number will be sent to the buyer, through which he can check the status at any time by connecting to the courier's website. The aforementioned e-mail will also contain the indications relating to the delivery, at the end of the collection in case of non-delivery due to the absence of the recipient and the consequences of non-collection within the indicated deadline.
5.6 The buyer is required to collect the ordered product. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a postcard to certify the delivery attempt and will automatically make a second delivery attempt the next working day. In the aforementioned notice card will be present instructions to contact the courier and agree on delivery. After two unsuccessful delivery attempts, the shipment will be put in storage and the buyer can be contacted by the customer service in order to facilitate delivery. The courier will return to JMS S.r.l. the parcel in storage for over ten working days and, after an additional 30 (thirty) days, the contract will be deemed terminated pursuant to art. 1456 of the civil code, after communication to the consumer by e-mail. Fixed the contract, JMS S.r.l. will refund the total amount due, minus the costs of delivery of the product failed, as well as the cost of returning the package not delivered and any other expense in which JMS S.r.l. incurred due to non-delivery. The amounts reimbursed will be credited to the consumer using the same method of payment indicated by him in the purchase form.
5.7 If the consumer asks again to receive the package of the order, before the deadline of 30 (thirty) days referred to in the previous article, JMS S.r.l. will proceed to make a new delivery, upon payment of the costs of the same, the costs of returning the product to the biscuit factory Leonardo, the costs of custody and any other expense in which JMS S.r.l. has incurred due to the previous failure to deliver.
5.8 The consumer undertakes to promptly check the conditions of the product that is delivered to him, to verify that the delivery includes all the products purchased and to promptly inform the seller of any defects in the products received or of their discrepancy with the order placed , according to the procedure provided for in these general conditions of sale, in the absence of the products will be deemed accepted. If the packaging of the products ordered is not intact, but damaged, wet or altered, the consumer is invited to refuse delivery by the carrier or to accept it "with reserve", except for partial loss or damage not recognizable at the time of delivery, provided the damage is reported no later than eight days from the date of delivery.
5.9 The consumer who has not collected the package more than twice for different orders will no longer be able to make purchases on the site and, in the event that orders are placed in violation of this provision, the purchase contract may be terminated pursuant to art. 1456 c.c. The termination of the contract will be communicated to the user by email and the total amount paid will be returned in the manner and in the terms of return provided for in these general conditions.
6. Legal guarantee of conformity, reporting of defects and interventions under warranty.
6.1 All products on the site are covered by the legal guarantee of conformity, pursuant to and for the effects of the European Directive 44/99 / EC and Legislative Decree 206/2005 (Consumer Code), reserved for consumers. In the event that purchases are made by parties that do not qualify as "consumers", the guarantees provided by the Civil Code will be applied, with the related forfeiture and provisions.
6.2 The lack of conformity occurs if the product is not suitable for the use for which it is intended, does not conform to the description made by the biscuit factory Leonardo on its site, does not possess the qualities presented by the seller or otherwise owns a good of the same type, is not suitable for use promised by the seller. the application of any guarantee in case of use or storage not conforming to those of the product and to the instructions provided by the seller or reported in the labels or in case of faults caused by accidental events is excluded.
6.3 Under penalty of forfeiture of this warranty, the consumer has the duty to report any defects and non-compliance, making an online request via email at firstname.lastname@example.org. The request formulated by the consumer must contain the indication of the defect and / or non-conformity found, at least one photograph of the product and the invoice of the purchase (or the confirmation of the order transmitted by the seller).
6.4 Following receipt of the request and related documentation, the biscuit factory Leonardo will carry out the quality checks to assess the defects reported by the consumer and, in case of positive feedback, will authorize the return of the products or the price reduction, sending the consumer a communication by e-mail to the address provided by the latter during the transmission of the order. The authorization to return the products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to the return. The products of which the seller has authorized the return must be returned by the consumer, together with a copy of the communication of authorization to return, within 30 (thirty) days from reporting of the defect or non-compliance, to the address: JMS S.r.l. - Via dei Macci n. 65 / R (50122) Florence - Italy.
6.5 If a lack of conformity of the purchased product is established, the consumer is entitled to free replacement. In the event that the replacement has become impossible or excessively burdensome, the consumer has the right to reduce the price, agreed in advance with the biscuit factory Leonardo, or to terminate the contract.
6.6 The replacement of the defective product will be made as soon as possible and in any case within 60 (sixty) days from the date of receipt of the product itself by JMS S.r.l. Otherwise, except in the case of unforeseeable circumstances or force majeure, the consumer will be entitled to a reduction in the price or to the termination of the contract, with the consequent return of the price paid.
6.7 The amount of reimbursement or reduction will be communicated in advance to the consumer by e-mail and will be made using the same payment method used by the consumer at the time of purchase of the product, where possible, or by bank transfer to the bank details provided by the consumer in place of return request.
6.8 As regards any damage caused by product defects, the provisions of the European Directive 85/374 / EEC and Italian Legislative Decree no. 206/2005 (Consumer Code).
7. Right of withdrawal.
7.1 Pursuant to art. 64 and ss. of Legislative Decree no. 206 of 09/06/2005, the consumer is granted the right to withdraw, without penalty and without giving reasons, from any contract concluded in accordance with these general conditions of sale, within the term of 14 (fourteen) days from the date of delivery of the product, by sending a registered letter to ar to JMS S.r.l. at the address: Via dei Macci n. 65R (50122) Florence - Italy.
7.2 The aforementioned registered letter must contain the name and surname of the consumer, his address, the purchase order number, the description of the returned product with the relative price paid and the wish to withdraw from the purchase.
7.3 The consumer who has exercised the right of withdrawal will receive a confirmation email to the address previously communicated by him, containing instructions to proceed with the return of the product, which must be sent no later than 14 (fourteen) days from the date of communication of the withdrawal to JMS Srl, Via dei Macci n. 65R (50122) Florence - Italy. In any case, the costs of returning the product are borne by the consumer, who assumes the risks completely.
7.4 In case of withdrawal, the payments made will be reimbursed within 14 (fourteen) days from the day on which JMS S.r.l. will have been informed of the consumer's decision to withdraw from the contract, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise. The additional costs will not be reimbursed if the consumer has chosen a type of delivery different from the less expensive type of delivery offered. The reimbursement can be suspended until the goods are received or until the consumer demonstrates that he has sent the goods back.
7.5 The consumer loses the right of withdrawal, if the product is not intact and in perfect condition, is not placed in the package and in the original or has been opened its sealed package.
7.6 If the withdrawal has not been properly exercised, it will not give rise to the termination of the contract and the withdrawal request will be rejected. JMS S.r.l. It will notify you within 5 (five) working days of receipt of the returned product, which will remain at the biscuit factory Leonardo available to the consumer for the withdrawal, which must take place at his own expense and under its responsibility.
8. Consumer data and privacy protection.
8.2 The consumer declares under its responsibility that the information provided to the seller during the purchase process are true and correct.
8.3 Although they are taken all appropriate measures to protect personal data against their possible loss, manipulation or misuse by third parties, the seller can not guarantee that the information displayed by the consumer on the site are not accessible or viewable by unauthorized third parties as a result of the technical limitations of the internet communications protection.
9. Resolution of any disputes.
9.1 Any dispute regarding the application, execution and interpretation of these general conditions of sale, JMS srl informs that a European platform for the online resolution of consumer disputes (ODR platform) has been set up, available at the following address: http://ec.europa.eu/consumers/odr/, on which it will be possible to consult the list of the ADR entities and start an online resolution procedure of the insurgent dispute.
9.2 It is still subject to the consumer's right of appeal to the ordinary courts, whatever the outcome of the court of their dispute settlement procedure and, if the circumstances warrant, to promote an amicable settlement of disputes by recourse to the procedure provided by the Code of consumption, Title IIa, part V.
9.3 It specifies that any dispute arising will be settled by the Court of Prato.